Some Maryland personal injury cases present simple issues that are within the common understanding of the jurors. However, other cases present complex scientific or medical issues that may require the presentation of an expert witness who is familiar with that particular area. It is important for Maryland personal injury plaintiffs…
Maryland Accident Law Blog
Procedural Requirements in Maryland Personal Injury Cases Involving Government Defendants
Historically, governments have enjoyed immunity from lawsuits brought by citizens seeking compensation for injuries that were due to the negligence of a government agency or employee. However, over the years, states have passed a variety of laws permitting victims to pursue a claim of compensation against various government entities. These…
Court Finds Residential Lease Agreement Effectively Modified the Applicable Statute of Limitations in Recent Premises Liability Lawsuit
Earlier this month, a state appellate court issued a written opinion in a personal injury case presenting an interesting issue that may arise in Maryland premises liability cases. The court was tasked with determining whether a clause in a residential lease agreement that included limiting the statute of limitations was…
Pre-Suit Requirements in Maryland Medical Malpractice Lawsuits
In Maryland medical malpractice lawsuits, the plaintiff must follow certain procedures that are not required of other personal injury plaintiffs. Primarily, this consists of filing a compliant certificate of merit. Under Maryland Code section 3-2C-01, the certificate of merit must contain a statement from an expert who is “knowledgeable in…
Appellate Court Finds Family Negligent When Son’s Dog Bites Neighbor
Recently, a state appellate court issued an opinion in an appeal from a negligence lawsuit filed after a man suffered injuries because of a dog bite. The court found that the parents of a son whose dog bit their neighbor were negligent and therefore liable for the injuries the neighbor…
Court Discusses Insurance Company’s Obligations in Horse-Drawn Carriage Accident
Recently, a state appellate court issued a written opinion in a personal injury case requiring the court to determine if an accident victim’s claims against an insurance company fit within the underinsured/uninsured motorist (UIM) provision of the victim’s policy. After conducting a thorough analysis of the specific language used in the…
Plaintiff’s Failure to Accurately Describe Where Slip-and-Fall Accident Occurred Results in Dismissal of Personal Injury Case
When someone is injured in a Maryland slip-and-fall accident occurring on government property, or any other accident involving a government defendant, the accident victim may be entitled to monetary compensation for their injuries. However, when naming a government employee or agency as a defendant, the plaintiff must take additional steps…
Plaintiff’s Failure to Prove Defendant Knew of Puddle’s Existence Results in Dismissal of Premises Liability Case
Maryland landowners have a duty to those whom they invite onto their property to keep the property safe and to warn visitors of potentially dangerous conditions. If a landowner fails to live up to this duty, and someone is injured as a result, the victim can pursue a claim for…
The Maryland Tort Claim Act and How It Affects an Accident Victim’s Right to Recovery
As a general rule, state actors, including employees and state-run agencies, are entitled to official government immunity when it comes to personal injury lawsuits. However, each state is free to enact certain exceptions for when an accident victim is able to pursue a claim for compensation against a state actor.…
Court Dismisses Slip-and-Fall Plaintiff’s Case Based on Conflicting Testimony
Recently, a state appellate court issued a written opinion in a personal injury case involving a plaintiff’s conflicting testimony, requiring the court to determine which version of the plaintiff’s testimony to credit. The case presents a valuable lesson for Maryland slip-and-fall accident plaintiffs in that it illustrates how courts analyze…